(1) Searches and seizures shall be carried out by judicial police officers who possess search warrants.
However, he may act without a search warrant in cases of a felony or a misdemeanour committed flagrante delicto.
(2) Any search or seizure shall be carried out in the presence of the occupant of the place and the person in possession of the objects to be seized, or in case of their absence, their representatives, as well as two witnesses chosen from among the persons or neighbours present.
(3) The occupant of the place and the person in possession of the objects to be seized, or in case of their absence, their representatives shall have the right to search the judicial police officer before the latter commences his search. He shall be informed of the said right and mention of it shall be made in the report of the fulfilment of this formality.
(4) In the absence of the occupant or of the person in possession of the objects or of their representatives, and in case of urgency, the State Counsel may, in writing, authorize the judicial police officer to conduct the search or seizure in the presence of the witnesses described in sub-section (2) above and one other judicial police officer or two judicial police agents.
(5) Where the judicial police officer cannot get in touch with the Legal Department, he shall proceed with the search and as the case may be, seizure in accordance with the provisions of sub-section (4) above and shall mention the action he has taken in his report.
Official text
Transcription: Spot-checked
In force from 27-07-2005
Source page 23
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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